Dulaney v. Burke
Idaho Supreme Court
APPEAL from District Court, Shoshone County. The conveyance of the mining property to the defendant was not intended as a sale, bet was made by the plaintiff for a certain purpose of his own, and upon an understanding with the defendant that the land was afterward to be conveyed back in the event of certain contingencies, and that the note was given at the time under an agreement that it was not to be paid.
Read the full summary
APPEAL from District Court, Shoshone County. The conveyance of the mining property to the defendant was not intended as a sale, bet was made by the plaintiff for a certain purpose of his own, and upon an understanding with the defendant that the land was afterward to be conveyed back in the event of certain contingencies, and that the note was given at the time under an agreement that it was not to be paid. This fact was sought to be proven by the defendant, and the court below refused to admit the evidence. The answer raises this defense squarely, and in law it was a good defense, and the…
1Opinion of the CourtSweet, J.
On August 10, 1883, at Salt Lake City, Utah, John M. Burke executed and delivered a certain promissory note in the sum of $4,308.80, with interest at the rate of six per cent per annum until paid, due one year after date, and payable to H. Grafton Dulaney, or order. Before the maturity of said note defendant, Burke, became a resident of Idaho territory, and on the seventh day of October, 1887, plaintiff commenced an action in the district court of Idaho territory, first judicial district, in and for Shoshone county, for the collection of said note. Defendant sets up as a defense in said…
2Cases cited7 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Brown v. SpoffordSupreme Court of the United States · 1877
- Forsythe v. KimballSupreme Court of the United States · 1876
- Specht v. HowardSupreme Court of the United States · 1873
- Brown v. WileySupreme Court of the United States · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Hawkins v. JohnsonCourt of Appeals of Texas · 1915
- County of Placer v. FreemanCalifornia Supreme Court · 1906
- Barry McHugh v. Jeffrey ReidIdaho Court of Appeals · 2014
- Paulson v. BoydWisconsin Supreme Court · 1908